HB4592 - 104th General Assembly
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| 1 | AMENDMENT TO HOUSE BILL 4592 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4592 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Consumer Fraud and Deceptive Business | ||||||
| 5 | Practices Act is amended by adding Section 2MMMM as follows: | ||||||
| 6 | (815 ILCS 505/2MMMM new) | ||||||
| 7 | Sec. 2MMMM. Prohibition on refusing cash payments. | ||||||
| 8 | (a) As used in this Section: | ||||||
| 9 | "Cash" means the coin and paper money of the United | ||||||
| 10 | States. | ||||||
| 11 | "Fuel station" means a retail establishment at which motor | ||||||
| 12 | vehicles are refueled. | ||||||
| 13 | "Grocery store" means a retail establishment where 55% or | ||||||
| 14 | more of its sales consist of nonprescription medicines, | ||||||
| 15 | uncooked foods, beverages, confections, and condiments used | ||||||
| 16 | for or intended to be used for human consumption off premises. | ||||||
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| 1 | "Pharmacy" has the meaning set forth in subsection (a) of | ||||||
| 2 | Section 3 of the Pharmacy Practice Act. | ||||||
| 3 | "Prepaid card" means any secured instrument that uses an | ||||||
| 4 | account identification number that is not connected with a | ||||||
| 5 | personal financial account to access deposited cash to | ||||||
| 6 | purchase goods, services, or anything else of value. | ||||||
| 7 | "Restaurant" means any business that is primarily engaged | ||||||
| 8 | in the sale of ready-to-eat food for immediate consumption | ||||||
| 9 | that comprises at least 51% of the total sales, excluding the | ||||||
| 10 | sale of liquor. "Restaurant" does not include a temporary | ||||||
| 11 | vendor at a market or festival, a business operating from a | ||||||
| 12 | vehicle or other mobile space, or a street vendor. | ||||||
| 13 | "Retail mercantile establishment" means a fuel station, | ||||||
| 14 | grocery store, pharmacy, or restaurant. | ||||||
| 15 | "Self-service checkout" means an interactive electronic | ||||||
| 16 | terminal that facilitates an action or displays a piece of | ||||||
| 17 | information and allows a consumer to pay for goods and | ||||||
| 18 | services. | ||||||
| 19 | (b) A retail mercantile establishment selling or offering | ||||||
| 20 | to sell goods or services to the public that employs an | ||||||
| 21 | individual to accept in-person payments at a physical location | ||||||
| 22 | shall not: | ||||||
| 23 | (1) refuse to accept cash as a form of payment for | ||||||
| 24 | sales of less than $500 made at the physical location; or | ||||||
| 25 | (2) post a sign on the premises stating that cash | ||||||
| 26 | payment is not accepted. | ||||||
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| 1 | (c) The provisions of subsection (b) shall not apply to: | ||||||
| 2 | (1) retail sales that take place at a self-service | ||||||
| 3 | checkout; | ||||||
| 4 | (2) retail sales that occur between 10 p.m. and 6 | ||||||
| 5 | a.m.; | ||||||
| 6 | (3) retail mercantile establishments that are unable | ||||||
| 7 | to accept cash because of a sales system failure that | ||||||
| 8 | temporarily prevents the processing of cash payments or a | ||||||
| 9 | temporary insufficiency in cash on hand needed to provide | ||||||
| 10 | change; | ||||||
| 11 | (4) retail mercantile establishments that sell | ||||||
| 12 | consumer goods exclusively through a membership model; | ||||||
| 13 | (5) retail mercantile establishments that (i) accept | ||||||
| 14 | prepaid cards as payment for goods and services and (ii) | ||||||
| 15 | provide a mechanism to convert cash to the prepaid card | ||||||
| 16 | either at the point of sale, self-service checkout, or | ||||||
| 17 | similar method within the retail mercantile establishment; | ||||||
| 18 | or | ||||||
| 19 | (6) retail sales that are made through the telephone, | ||||||
| 20 | Internet, mobile application, or other similar means but | ||||||
| 21 | are completed in person at the seller's location or | ||||||
| 22 | off-premises. | ||||||
| 23 | (d) Notwithstanding paragraph (1) of subsection (c), a | ||||||
| 24 | retail mercantile establishment subject to subsection (b) | ||||||
| 25 | shall be deemed to comply with this Section if no fewer than | ||||||
| 26 | one point of sale at that physical location accepts cash. | ||||||
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| 1 | (e) Nothing in this Section requires a person to accept | ||||||
| 2 | any bills larger than $20 bills as payment for goods or | ||||||
| 3 | services. | ||||||
| 4 | (f) No person shall limit, regulate, condition, or | ||||||
| 5 | prohibit the ability of any retail mercantile establishment to | ||||||
| 6 | provide discounts, promotions, or incentives to consumers in | ||||||
| 7 | connection with the purchase of goods or services. | ||||||
| 8 | (g) The regulation of accepting cash is an exclusive power | ||||||
| 9 | and function of the State, and a home rule unit may not | ||||||
| 10 | regulate the acceptance of cash. This Section is a denial and | ||||||
| 11 | limitation of home rule powers under subsection (h) of Section | ||||||
| 12 | 6 of Article VII of the Illinois Constitution. | ||||||
| 13 | (i) A violation of this Section shall be a petty offense | ||||||
| 14 | and may be fined as follows: | ||||||
| 15 | (1) for a first violation, a fine not to exceed $50; | ||||||
| 16 | (2) for a second violation within a 12-month period, a | ||||||
| 17 | fine not to exceed $100; | ||||||
| 18 | (3) for a third violation within a 12-month period, | ||||||
| 19 | and any additional violation within a 12-month period, a | ||||||
| 20 | fine not to exceed $500. | ||||||
| 21 | No person shall be fined more than $5,000 in a calendar | ||||||
| 22 | year for violations of this Section. | ||||||
| 23 | Section 99. Effective date. This Act takes effect January | ||||||
| 24 | 1, 2028.". | ||||||
